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Do I need a restraining order as part of my divorce process?

On Behalf of | Feb 24, 2024 | Family Law

The matter of whether a restraining order is needed as part of your divorce proceedings depends on the specific circumstances of your situation.

Restraining orders can help establish legal boundaries and provide a sense of security during the divorce process and beyond. They may include provisions such as prohibiting contact, barring an abusive spouse from certain locations and even providing temporary custody arrangements to protect children from potential harm.

When a restraining order during divorce is a good idea

There are circumstances where a restraining order may be necessary during a divorce. These may include:

  • History of domestic violence: If there is a history of domestic violence or abuse between you and your spouse, or if you feel threatened or unsafe in any way, seeking a restraining order can be crucial for your safety and well-being. It can help provide legal protection and establish boundaries to prevent further harm during the divorce process and afterward.
  • Threats and intimidation: A disgruntled spouse may resort to threats and intimidation tactics to exert control or influence over the divorce proceedings. If you are experiencing threats or intimidation from your spouse, whether directed towards you, your children or other family members, obtaining a restraining order can help safeguard against potential harm and ensure a safer environment for everyone involved.
  • Child custody concerns: If you’re worried about your spouse’s abusive behavior impacting your children’s safety or well-being, a restraining order can include provisions to address custody arrangements and visitation rights.
  • Property or financial issues: Sometimes, a restraining order can be necessary to prevent a spouse from dissipating assets, transferring property or engaging in other financial misconduct during the divorce process. This type of restraining order can help preserve the marital estate and better ensure a fair division of assets.

A restraining order can protect you by establishing clear legal boundaries and consequences for violating those boundaries. By seeking legal guidance, you can better determine the specific terms and conditions that need to be included in a restraining order to adequately address your concerns and protect your interests during your divorce and beyond.